fall 2019 Inside Judicial Profiles Celebrating our Legal Community Nuturing the Next Generation Encouraging the DREAM and more... In this issue President’s Message By Steven Masada President’s Message ........................................................................... 3 In Gratitude to our Legal Community Like any organization, the Federal Bar Association of the Western District of The Honorable Theresa L. Fricke ...................................................... 4 Washington (FBA) is a product of its members and the countless practitioners who volunteered their time and energy to make 2019 another productive year. After four The Honorable Michelle L. Peterson ................................................ 6 decades, the FBA remains one of only two independent federal bar associations in the United States and operates purely on a volunteer basis. That achievement stands as a The Honorable Richard C. Tallman .................................................... 8 testament to this legal community, its cohesiveness, and its willingness to serve one another and promote the practice of law. The Honorable Eric D. Miller .......................................................... 10 Over the past year, we welcomed new Coughenour, Marsha Pechman, and of now-retired former Magistrate judges to the bench and bid farewell Richard Jones, moderated by newly Judge James Donohue. This year’s The Honorable James P. Donohue ................................................... 12 to others, some of whom are profiled selected Magistrate Judge Michelle CLE programs included outreach for in this newsletter. The FBA launched a Peterson. Similarly, a May CLE offered pro bono services relating to domestic new website, formed new committees practical guidance from Magistrate violence. The Pro Bono Committee The 2018 FBA-WDWA Annual Dinner Photo Gallery .................... 14 to address additional areas of perceived Judges Peterson, Mary Alice Theiler, continued to screen judicial referrals and need, and developed new programs and Brian Tsuchida. In addition, secure counsel for pro se civil litigants. in partnership with the Court. But, other CLEs sought to provide practical Meanwhile, the Federal Civil Rights Youth Law Day ................................................................................. 20 most of all, the organization simply assistance and address timely topics. Clinic, through its many volunteers continued the work of past years in Topics included How to Become an and Director Tracy Morris, continued service to the bench and bar of Western Effective Disability Rights Ally and to offer legal assistance to community Step Up to Serve: Federal Pro Bono Panel ...................................... 21 Washington. Advocate, domestic violence on tribal members not able to afford an attorney. lands, the #MeToo movement, and the United States Attorney Brian T. Moran .......................................... 22 use of nondisclosure and non-compete “The first installment agreements and their impacts on the “Nurturing future labor market, discrimination, and pay of the program [the generations of legal Past President’s Reception ............................................................... 24 equity. The year-end CLE, scheduled Litigation Academy]... in conjunction with the annual practitioners and dinner, will continue the tradition as offers participants a full- community leaders of The DREAM Program ....................................................................... 25 distinguished panels will discuss such day course on an aspect issues as criminal justice reform and Western Washington the administrative state. Furthermore, of trial practice from a remains one of the “Save the Date” for the 2019 FBA-WDWA Annual Dinner .............27 a dedicated committee, co-chaired ‘faculty’ of federal judges by Molly Terwilliger and Jamal organization’s primary and distinguished trial Whitehead, in partnership with the District Court, developed a training goals.” attorneys of the region.” program called the Litigation Academy. The first installment of the program, As in previous years, the FBA which is slated for early 2020, offers On the Cover: The Federal Bar Association Newsletter is a publication of the Federal Bar In 2019, the FBA continued its also prioritized youth outreach. participants a full-day course on an Association of the Western District of Washington. Comments and proposed history of offering CLEs that foster Nurturing future generations of legal Federal Bar Association of the Western aspect of trial practice from a “faculty” District of Washington Annual Dinner. articles should be addressed to: relations and familiarity between practitioners and community leaders of federal judges and distinguished the judiciary and practitioners. The of Western Washington remains one trial attorneys of the region. Jessica Andrade Adrienne McKelvey year’s kick-off event, for example, of the organization’s primary goals. In [email protected] [email protected] offered attendees a candid panel The FBA also continued to promote pro March, the FBA hosted Youth Law Day discussion with the Honorable John bono services and meet the challenge (YLD) for the eighth year in a row at (continued on page 5) Fall 2019 3 The Honorable Theresa L. Fricke The Honorable Theresa L. Fricke By Asti Gallina (continued from page 4) Poised upon on an ornate chair in the lobby of the Fairmont When she’s not on the bench, Judge Looking back, Judge Fricke enjoyed the Fricke participates in community challenge of being an attorney handling Olympic Hotel, United States Magistrate Judge Theresa L. programs. She is a member of the complex litigation and had not, she Fricke pauses to consider the question posed to her. After a Honorable Robert J. Bryan American says, necessarily imagined she would brief moment she says, “intense.” A first-generation college Inn of Court, where she serves as an end up on the bench. Magistrate judges executive board member and co-chair in the Western District of Washington graduate with an illustrious career dedicated to serving of the outreach committee. She is also work on three-month rotations, the public, it is not hard to see why this is the word Judge a team member on Duke University’s handling pretrial felony criminal Fricke chose to describe herself. Thoughtful and direct, Electronic Discovery Reference Model matters, misdemeanors, and civil cases. project relating to the European General Judge Fricke, attracted to the variety Judge Fricke is passionate about community service and Data Protection Regulation; a topic she of subject matter and opportunity to lifelong education. She strives to approach her judiciary will introduce for a panel presentation serve her community from the bench, at this year’s Ninth Circuit Judicial says that so far, the job has exceeded responsibilities with the same curiosity, intention, and Conference. her expectations. preparation that have distinguished her career thus far. joined the King County Prosecutor’s President’s Message Office as a senior deputy prosecuting (continued from page 3) “Thoughtful and direct, attorney. There, she led the criminal Judge Fricke is passionate division appellate unit and specialized Judge Fricke the Seattle federal courthouse. Thanks through a mix of panel discussions Over the course of four days in April, in Washington Supreme Court practice about community service to a host of volunteers and the and interactive exercises. Among other a total of seven fifth-grade classes while supervising the increasing work to take the long view on the bench. special contributions of Chief Judge things, the students participated in in Seattle and Tacoma learned about and lifelong education.” of the unit. Judge Fricke then spent Elaborating, she says that the exercise Ricardo Martinez and Judge Jones, moot arguments in the trademark civics and the role of the judiciary one year as a staff attorney at the of thinking about cases from the about 60 high school students from infringement matter of McDonald’s directly from judges and lawyers. Washington Court of Appeals, Division II. perspective of an appellate lawyer underserved neighborhoods spent v. McDowell’s, and discussed IP issues In closing, during the past year, illuminates aspects of the case that a full day with judges, lawyers, and involving the works of some of their Judge Fricke was born in Seattle and Judge Fricke credits her time as an the FBA has continued its tradition might need more attention to avoid other professionals, gaining first- favorite bands. raised in Issaquah. She earned a degree appellate lawyer with her tendency of dedication and service to the problems down the road. hand insight into public interest in business administration from the bench, bar, and community. I cannot law, court and law enforcement job University of Washington, where she From 1999 to 2012, Judge Fricke understate my gratitude to the Board, opportunities, and the role of the “In closing, during the also studied communications and “Judge Fricke credits worked as a solo practitioner, primarily Trustees, Committee Co-Chairs, Ninth justice system in civil society. Due to public speaking. Her father became very practicing trusts and estates. But Judge past year, the FBA has Circuit Representatives, the Court, her time as an appellate the event’s success, in 2020, we are ill while she was in law school at the Fricke always kept one foot in public and the many others, both past and expanding the YLD program